Barrister Festus Daumiebi Sunday, a Niger Delta Youth Activist has instituted a lawsuit against the Nigerian Army, Chief of Army Staff, Chief of Defence Staff and Honourable Attorney General of the Federation seeking 20.4billion Naira as punitive, exemplary and special damages for infringing on his fundamental rights.
Festus Daumiebi Sunday who was a candidate of the All Progressives’ Congress for the 2019 Bayelsa-Central Senatorial seat who was also a top contender for the 2023 Governorship ticket for Bayelsa State in a suit marked FHC/YNG/183/2024 was filled in the Federal High Court, Yenagoa on Thursday by a team of lawyers led by Prof. O. F. Emiri SAN against the respondents for allegedlly breaking into six-bedroom duplex and five bedroom guest house duplex of the lawyer in his country home, Igbomotoru 1, Bayelsa State and subsequently destroying of his properties.
The applicant fears that his freedom of movement and his life is in danger.
The suit therefore seeks “for an order for the enforcement of the Applicant’s fundamental right to life, liberty, privacy of his person and his home, freedom of movement and to own property”
Recall that on 30th of March 2024, men of the Nigerian Army invaded Igbomotoru 1 community, Bayelsa State in search of the suspected masterminds behind the killings of soldiers in Okuama, Delta State.
The soldiers he alleged broke into his country home, vandalized his properties and exposed same to pilfering, plundering and waste.
Festus Daumiebi Sunday, a lawyer with 10 years standing having interest in real estate dating up to 18 years, said he wondered why security agents will break into his property.
According to him, “Having been brought up within the finest traditions, I have never had any issues with security agencies operating within and outside Nigeria. I come clean at all times with a heart for noble conduct. I am a peace-loving individual who believes in hard work and dedication to good causes.”
The items that were alledgedlly lost but are not limited to 46 various sizes of Israeli security doors and copper security doors, 12 pieces of centre decor, royal beds, royal sofa sets (gold), grey sofa sets, dining sets by 8 seaters with buffet and console mirror. Also, 5 TV sets, TV stands, 5 LG split 1.5HP Gencool-B, refrigerators, beddings, centre tables, side stools etc.
He said upon being briefed of the destruction, he instructed his Solicitors, Messrs A. P. Egbegi and Co, to write a letter dated 31st March 2024 and a subsequent letter dated 3rd of April 2024 with pictorials attached to the Deputy Inspector-General of Police Force Criminal Investigation & Intelligence Department (FCIID) Area 10 Abuja, through the Commissioner of Police Bayelsa State Command.
The letter captioned “Military Invasion of the Country Home of Barrister Festus Daumiebi Sunday in Igbomotoru 1 Community in the Southern Ijaw Local Government Area of Bayelsa State and Attendant Infringement of his Fundamental Rights Guaranteed Under The Constitution of The Federal Republic of Nigeria 1999, as amended and General Subversion of the Constitution”
"The Respondents amongst others were duly copied, notified and served by registered and expedited mail delivery through DHL.
He stated further that upon the Respondents, refusal, neglect and failure to respond to his Solicitors letters, he instructed his solicitors to institute this action,
The suit reads in part “The actions of the officers and men of the 1st to 3rd Respondents on the 30th March 2024 by the invasion and destruction of the property of the Applicant in Igbomotoru 1, community is a naked, arrogant, arbitrary and oppressive abuse of power forbidden by the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN, 2004 in a democratic society”
"He is therefore seeking the following reliefs from the court : A DECLARATION that the actions of the officers and men of the 1st -3rd Respondents on the 30th March 2024 who forcefully and unlawfully invaded the Applicant’s Country Home at Igbomotoru I community in the Southern Ijaw Local Government Area of Bayelsa State with consequent destruction and damage of the country home residence aforesaid, a free citizen of the Federal Republic of Nigeria, is a flagrant infringement and violation of the applicant’s fundamental right to privacy of his person and home as enshrined and guaranteed under section 37 of the of the Constitution of the Federal Republic of Nigeria 1999 (as amended) among other things.
The applicant, in conclusion, is urging the court to grant the reliefs sought as it would serve as a deterrent against naked, arrogant, arbitrary and oppressive abuse of power when dealing with ordinary citizens in a democracy.
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